My Story Falure to dsiclose medical Improvement

Thank you for your reply.

I am surprised the DWP Counter Fraud Investigation Unit have not divulged their source, unless of course you do not wish to know this information?

I am also baffled as to how the appeal tribunal found as fact that you were not entitled to any DLA award whatsoever, as the burden of proof in a case such as the one you have described is at a high threshold in law, and involves the tribunal giving precise reasons/dates throughout the course you have found to be disentitled, which is something that I noticed the DWP did not even attempt to prove, hence only terminating your award from the date you commenced work.

No doubt this would be a reason why you have appealed to the Upper Tribunal?

Yes there are numerous grounds. In their decision they did not even consider the EMP report which in fact was very helpful. It in fact took THREE MONTHS to get the written reasons for decision. Ehen they looked at walking ability they did not really look properly at the distance or address severe discomfort and only considered it for the period 20.1.05-31.1.05! - This was the period I resided in the area they refer to whilst I had this problem (although it is ongoing). They failed to consider the impact of DV on me properly. A submission was made by my rep based on CDLA/4333/2005 but they never even addressed it. They did not consider whether the self harm gave rise to a care need and they rejected that certain care needs were reasonable required but gave no reasons for that. Finally you will see that there was a issue about the constitution of the tribunal whilst I cannot say whether I would have received a fairer hearing where a Tribunal included a man it just seemed to appear that the Tribunal had more sympathy for the perpetrator rather than myself and referred to the cruelty and unreasonable behaviour as ‘nagging’ and failed to consider the care needs that arose from the effects on my mental health. Does that make sense?

The case has had its toll on me and made me worse as you can imagine. You are quite correct in what you say of course and it appears the prosecution as brought is out of time. It’s amazing though how many lawyers who do not practice welfare law have a blinked attitude to it. For example counsel stated to me that persons are only entitled to DLA if they are completely bedridden. This was from someone who has great experience in crime but obviously very limited knowledge of benefits and that is where the problem lies. How many people are not advised by a criminal lawyer to appeal the benefit decision?
In some way it goes far beyond my own problem but how many people are being told to plead guilty when in fact they have not committed the offence. Yes there was an attempt to railroad me on this but I stuck firmly. Experts in the field have intimated that they are surprised that the case has been brought!
Yes my initial message make seem as though I am a little paranoid but with all I have seen of the lack of inadequate knowledge and preparation it is no wonder it makes me l that way.

Incidentally I was advised to reapply for DLA and they sent an EP who appeared very sympathetic and I wait with interest as to what occurs.

Sorry I have waffled a little in this posting.

Well despite the 'sympathetic' EMP report the decision remains the same ...what a surprise! I have asked for a copy of the Doctors report and they ignore me! The letter of appeal that I sent was even ignored and not acknowledged. Seems they are playing games and i will chase it up!

Well I finally got a decision from the Upper Tribunal and they have quashed the Lower Tribunal's decision on the basis that it failed to take into account at all the DWP medical evidence (which was helpful to me). So its all remitted back to the Lower Tribunal to be considered again by a differently constituted Tribunal. However how many people can recall fully events in 2003 onwards!!

What's happening about the crown court trial?

Ron, I hope you don't mind me chasing you, but I'm really interested in knowing about what happened about the crown court side of things.

I'm doing voluntary work as an adviser and if I can get a bit better I'd like to get a paid job doing it, so your case is directly relevant to me. Please keep us posted if you feel able to.